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| | Tuesday 29th January 2008 |
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| | New Amendments handed in are marked thus  |
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| | Other Amendments not tabled within the required notice period are marked thus  |
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| | | The Amendments have been arranged in accordance with the Order of the |
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| | | Committee [8th January 2008]. |
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| | Clause 105, page 49, leave out lines 26 to 29. |
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| | Clause 105, page 50, line 12, leave out paragraphs (a) and (b). |
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| | Clause 105, page 50, line 12, leave out ‘provision of or made under an Act’ and |
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| | insert ‘statutory provision’. |
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| | | Member’s explanatory statement
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| | | This amendment is consequent on amendment 431. |
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| | Clause 105, page 50, line 14, leave out ‘provisions of or made under a local Act’ |
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| | and insert ‘statutory provisions of local application’. |
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| | | Member’s explanatory statement
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| | | This amendment extends the power to amend legislation in Clause 105(6)(b) to any statutory |
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| | | provision of local application, rather than just local Acts. This will mean that an order granting |
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| | | development consent may amend an order under the Transport and Works Act 1992. |
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| | Clause 105, page 50, line 22, at end insert— |
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| | | ‘(6A) | In subsection (6) “statutory provision” means a provision of an Act or of an |
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| | | instrument made under an Act.’. |
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| | | Member’s explanatory statement
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| | | This amendment is consequent on amendment 431. |
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| | Clause 105, page 50, line 23, leave out ‘sections 106 and’ and insert ‘section’. |
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| | | Member’s explanatory statement
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| | | Amendments to Clauses 66, 75, 77 and 93 require applications for orders applying, modifying or |
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| | | amending legislation to be determined by the Secretary of State. This is a consequential |
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| | | amendment as Clause 106 and the reference to it in this Clause become unnecessary. |
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| | Clause 105, page 50, line 23, at end insert ‘and to a resolution of both Houses of |
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| | Parlaiment made under the super-affirmative resolution procedure as defined by section |
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| | 18 of the Legislative and Regulatory and Reform Act 2006’. |
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| | Clause 106, page 50, line 34, leave out from beginning to second ‘the’ in line 36. |
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| | Clause 106, page 50, line 39, leave out subsection (4). |
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| | Clause 106, page 50, line 43, leave out ‘28’ and insert ‘56’. |
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| | Clause 106, page 50, line 45, leave out subsection (6). |
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| | Page 50, line 27, leave out Clause 106. |
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| | | Member’s explanatory statement
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| | | Amendments to Clauses 66, 75, 77 and 93 require applications for orders applying, modifying or |
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| | | amending legislation to be determined by the Secretary of State. This is a consequential |
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| | | amendment as Clause 106 becomes unnecessary. |
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| | Clause 107, page 51, line 17, leave out ‘or is incidental to’. |
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| | Clause 107, page 51, line 20, leave out subsection (3). |
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| | Clause 107, page 51, line 20, leave out ‘need’ and insert ‘case’. |
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| | | Member’s explanatory statement
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| | | This amendment provides for the test applying for the authorisation of the compulsory acquisition |
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| | | of land to follow the test set out in Circular 06/05 on compulsory purchase and the Crichel Down |
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| | | rules, namely, whether there is a compelling case in the public interest. |
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| | Clause 109, page 51, line 32, leave out from ‘provision’ to end of line 34. |
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| | Clause 114, page 55, line 33, at end insert— |
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| | | ‘(9) | Where subsection (4) applies the Secretary of State shall publish a statement |
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| | | detailing the means and extent of the preservation or improvement that will be |
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| | | effected on the order land once compulsory acquisition has taken place.’. |
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| | Clause 118, page 58, line 6, at end insert— |
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| | | ‘(2) | In order to be satisfied under subsection (1)(b), the decision-maker must have |
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| | | regard to public consultation.’. |
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| | Page 58, line 7, leave out Clause 119. |
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| | | Member’s explanatory statement
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| | | This clause is to be removed so that a development consent order can grant consent for the |
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| | | operations described in the clause in respect of any nationally significant infrastructure project, |
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| | | not just ones involving the underground storage of gas. |
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| | Clause 123, page 58, line 37, at end insert— |
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| | | ‘(1A) | If an order granting development consent includes provision authorising the |
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| | | charging of tolls in relation to a proposed highway, the order is treated as a toll |
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| | | order for the purposes of sections 7 to 18 of the New Roads and Street Works Act |
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| | | Member’s explanatory statement
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| | | This amendment provides that an order granting development consent which authorises the |
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| | | charging of tolls in relation to a proposed highway is to be treated as a toll order for the purposes |
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| | Clause 126, page 60, line 3, at end add— |
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| | | ‘(3) | Where an order granting development consent authorises the compulsory |
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| | | acquisition of land, steps of a prescribed description must be taken in relation to |
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| | | the compulsory acquisition before the end of— |
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| | | (a) | the prescribed period, or |
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| | | (b) | such other period (whether longer or shorter than that prescribed) as is |
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| | | (4) | If steps of the prescribed description are not taken before the end of the period |
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| | | applicable under subsection (3), the authority to compulsorily acquire the land |
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| | | under the order ceases to have effect.’. |
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| | | Member’s explanatory statement
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| | | The effect of this amendment is that authority to compulsorily purchase land under an order |
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| | | granting development consent will cease to have effect if steps of a prescribed description are not |
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| | | taken within the required time. |
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| | Clause 130, page 60, line 39, at end insert— |
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| | | ‘(1A) | The measuring and marking out of land shall not constitute development for the |
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| | | purposes of this section.’. |
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| | Clause 132, page 61, line 28, leave out paragraph (a). |
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| | Clause 133, page 61, line 37, at end insert ‘provided that 24 hours notice of the |
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| | intended entry has been given to the occupier of land.’. |
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| | Clause 133, page 61, leave out lines 38 to 40. |
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| | Clause 134, page 62, line 16, leave out ‘a reasonable period’ and insert ‘14 days’, |
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| | Page 63, line 1, leave out Clause 136. |
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| | Clause 143, page 66, line 8, at end insert— |
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| | | ‘(za) | in subsection (1) delete the words “interested in land in the area of a local |
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| | Clause 144, page 67, line 30, at end insert— |
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| | | ‘(2A) | In section 150(1)(b) (notices requiring purchase of blighted land)— |
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| | | (a) | for “21 or” insert “21,”, |
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| | | (b) | after “notes)” insert “or paragraph 24”, and |
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| | | (c) | after “Schedule 13 and” insert “(except in the case of land falling within |
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| | | paragraph 24(c) of that Schedule)”. |
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| | | (2B) | After section 165 (power of Secretary of State to acquire land affected by orders |
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| | | relating to new towns etc. where blight notice served) insert— |
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